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Who Is Eligible for an EB-5 Visa?

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A Cook, Software analyst & Blogger.

Who Is Eligible for an EB-5 Visa?: The EB-5 investor visa is a U.S. employment-based visa category that can help foreign nationals obtain permanent residency in the United States if they meet specific investing standards and aid in job creation. 

The EB-5 visa program is complex, and the application process can be lengthy, primarily if you pursue it independently.

Who Is Eligible for an EB-5 Visa
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Yet, an EB-5 attorney can help you obtain the EB-5 investor visa, explain the requirements needed for this type of visa, and more.

Here are some requirements that foreign nationals must meet if they want to become eligible for EB-5 visas:

Investment Conditions #1

Any foreign national wanting to become eligible for the EB-5 visa must have invested at least $1.8 million in some new commercial enterprise in the U.S.

Yet, they can also meet the investment requirement if their investment is at least $900,000 and their enterprise is located in a Targeted Employment Area (TEA).

TEA areas are locations where unemployment rates are high or rural areas.

Who Is Eligible for an EB-5 Visa
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Job Creation Requirements #2

Though your investment must meet the aforementioned requirements, your business must also create at least ten full-time jobs for U.S. workers within two years of your admission to the United State’s conditional permanent residency program.

Showcasing your ability to create more jobs is crucial for your EB-5 visa program.

Lawful Source of Funds #3

As an investor looking for permanent residency in the U.S., you must demonstrate that your investment funds were obtained through lawful means, such as through inheritance, salary, or income from a business.

Active Managing #4

Investors need to be actively involved in managing their new commercial enterprise if they want to become lawful permanent U.S. residents.

Who Is Eligible for an EB-5 Visa
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They can showcase their business involvement through day-to-day management or while performing policymaking actions.

Background Checks and Medical Examinations #5

Lastly, if an investor wants to become eligible for the EB-5 visa, they must meet all the other requirements for admission to the U.S., which includes passing background checks and medical examinations.

If the applicant has a criminal history or they have a transmissible disease or other health issues deemed inadmissible to the United States, then the EB-5 visa application will be denied.

Receiving the EB-5 Visa #6

Once you meet the above mentioned requirements, you can apply for the EB-5 visa through the U.S. Citizenship and Immigration Services (USCIS). Approved applicants will be granted conditional permanent residency status that lasts for two years.

When the two year time frame is over, you must request that the conditions are removed from your permanent residency status and obtain the permanent residency status.

Yet, you must do this only if your investment and job creation requirements are met.

To ensure that your EB-5 visa application is filled correctly, boost your chances of approval, and deal with any issues that may arise quickly and efficiently, consider working with an EB-5 visa attorney.

Choose an attorney with experience in the EB-5 visa program and a proven track record of success, and also consider asking for referrals and checking the lawyer’s credentials and reputation beforehand.

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